CC teen gets probation for robbery

Group videotaped beating of homeless man

CORPUS CHRISTI - Jurors found Cody Lavender guilty of the robbery of a homeless man Tuesday and recommended he be sentenced to 10 years probation.

The jury's decisions wrapped up the trial in two days — during which the prosecution argued that the 18-year-old Corpus Christi man was remorseless after the videotaped beating of the homeless man and deserved prison time. Lavender's defense attorney argued that a rough upbringing led Lavender to commit the act and that he could change.

"He's a young man who hasn't had much structure or guidance in his life," said defense attorney Patrick O'Hare. "Hopefully he will make the most of this opportunity."

Lavender was arrested in July in the videotaped beating and robbery of James Waitkus, 51, on Feb. 8. The video, which was shown to jurors, depicts Waitkus getting kicked from behind and body-slammed onto a street in the Flour Bluff area. Waitkus was released from the hospital after several days.

Prosecutor George Schimmel said he was disappointed by the sentence, but said the jury had a hard decision to make.

Lavender faced up to 20 years in prison and a $10,000 fine. In addition to the probabation, jurors also recommended a $1,500 fine.

Judge Jose Longoria with the 214th District court said he would set the terms of Lavender's probation at a later date.